Item - 2025.CC32.10

City Council on July 23 and 24, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2025) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (July 11, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 11, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer of the appeals to the Ontario Land Tribunal filed by the applicant, Fieldgate Urban, in respect of its request to amend the City of Toronto Official Plan and application to amend the zoning by-law(s) (the "Appeals") for the lands municipally known as 670, 680, and 690 Progress Avenue (the "Site"), as set out in Confidential Appendix A to the report (July 11, 2025) from the City Solicitor, dated June 26, 2025, and as set out in Confidential Appendix B to the report (July 11, 2025) from the City Solicitor, dated June 17, 2025, (collectively, Confidential Appendix A and Confidential Appendix B being the "Settlement Offer"), and direct the City Solicitor to attend the Ontario Land Tribunal in support of the Settlement Offer.

2. City Council direct the Executive Director, Development Review to continue to work with the owner of the Site to explore the owner's provision of in-kind community benefit(s) for the Site pursuant to subsection 37(6) of the Planning Act and report back to City Council for further instruction in the event the owner makes the City an offer of in-kind community benefit(s).

3. Should the Ontario Land Tribunal grant the Appeals in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of its final Order on the Appeals pursuant to the conditions described in Schedule A of Confidential Appendix A to the report (July 11, 2025) from the City Solicitor.

4. City Council authorize the City Solicitor, in consultation with the Executive Director, Development Review, to modify the final form of the planning instruments as in the opinion of the City Solicitor, in consultation with the Executive Director, Development Review, may be necessary to reflect the intent of the Settlement Offer and to finalize the planning instruments accordingly.

5. City Council approve, in accordance with Section 42 of the Planning Act, the Owner's conveyance to the City, of an on-site parkland dedication as follows and subject to Part 7 below:

a. the first parkland conveyance, within Area B as shown on the Phasing Strategy attached as Confidential Appendix A to the report (July 11, 2025) from the City Solicitor would be no less than 2,190 square metres in area and conveyed to the City prior to the first above-grade building permit for Area B and secured pursuant to the subdivision process for the Property; the first parkland conveyance will be in base park condition and free and clear of encumbrances and encroachments (other than destressed tiebacks) upon its conveyance to the City and the owner will comply with the City's policies regarding the acceptable environmental condition of lands conveyed as a condition of development approval prior to the conveyance, to Parks and Recreation's satisfaction;

b. the second parkland conveyance, within Area A as shown on the Phasing Strategy attached as Confidential Appendix A to the report (July 11, 2025) from the City Solicitor would be the remaining 450.6 square metres of parkland to be conveyed to the City prior to the first above-grade building permit for Area A and secured pursuant to the subdivision process for the Property; the second parkland conveyance would be subject to a license in favor of the owner to enable use of the second parkland conveyance lands for construction staging without any additional fees or charges; upon its conveyance, the second parkland conveyance will be free and clear of encumbrances and encroachments (other than destressed tiebacks) and the owner will have complied with the City's policies regarding the acceptable environmental condition of lands conveyed as a condition of development approval the owner would remediate the lands following construction staging in compliance with the standards of the aforementioned policies to Parks and Recreation's satisfaction; the owner will construct base park improvements to the second parkland conveyance lands following the completion of the license agreement referred to above at its sole cost and expense, and will financially secure same pursuant to the subdivision process for the Property, to Parks and Recreation's satisfaction.

6. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management.

7. City Council authorize the General Manager, Parks and Recreation to execute an agreement with the owner to permit construction staging within the part of the on-site parkland dedication shown as Area A as shown on the Phasing Strategy included within Confidential Appendix A to the report (July 11, 2025) from the City Solicitor in the event that the owner requires said lands for construction staging purposes following conveyance of the lands to the City, and the agreement shall address matters in respect of the owner's provision of insurance, release and indemnity, extent of area and uses permitted, tree removal and replacement, duration of use, restoration plan, with all costs being at the owner's sole expense, on terms satisfactory to the General Manager, Parks and Recreation, save and except for the payment of any occupancy fees to the City (nominal consideration for occupancy).

8. City Council authorize the City Solicitor and the appropriate City staff to take all necessary actions to implement City Council's decision.

Confidential Appendices A and B to the report (July 11, 2025) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 11, 2025) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 11, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.